Friday, November 30, 2007

KUALA LUMPUR: The chairman of the Hindu Rights Action Force (Hindraf) and four legal advisors have applied to the High Court here to have a restriction order issued by a magistrate against them last week reviewed and set aside.

The five – P. Waythamoorthy and lawyers M. Manoharan, P. Uthayakumar, V.S. Ganapathy Rao and R. Kengadhedharan – are asking the court to declare the Nov 22 order which barred them from holding the Sunday rally as void under the law.

The application filed at the High Court yesterday by the group's lawyer Gobind Singh Deo is supported by Manoharan's affidavit. More...

The United States underscored on Wednesday the rights of Malaysians to hold peaceful protests, after Prime Minister Abdullah Badawi's government swiftly suppressed mass rallies and threatened to use a draconian law to detain protesters indefinitely without trial.

"We believe citizens of any country should be allowed to peacefully assemble and express their views," a US State Department official said when commenting on the crackdown of unprecedented street protests in the Malaysian capital Kuala Lumpur this month.

One called for electoral reform which drew some 30,000 people, and another by at least 8,000 ethnic Indians last Sunday was aimed at highlighting racial discrimination.

The rallies were the biggest in a decade and took place despite bans ordered by police, who broke up the gatherings with tear gas, water cannons and baton charges.

The US official, speaking on condition of anonymity, did not go beyond his succinct statement, which was the first reaction by Washington on the rare outpouring of anti-government dissent in Malaysia.

The protests led to a veiled threat by Abdullah on Tuesday to use the controversial Internal Security Act (ISA) that allows for detention without trial to stem the dissent.

Rights groups, who have campaigned to have the ISA abolished, cautioned the prime minister against using such laws.

"It is a huge mistake for Prime Minister Abdullah to even consider using this unjust law to crack down on peaceful demonstrators," said T Kumar, Amnesty International's Asia-Pacific advocacy director in Washington.

"We strongly urge him not to use it." Amnesty has also called on the US authorities to check whether excessive force was used in quelling the recent demonstrations and to oppose any use of the ISA against peaceful protests, he said.

Abdullah argued that the ISA was "a preventive measure to spare the nation from untoward incidents that can harm the prevailing peace and harmony and create all sorts of adverse things."

"So, I don't know (when to invoke the ISA), but ISA will be there. When it is appropriate to use it, it will be used," he said.

Malaysia is holding more than 100 people under the ISA, about 80 of them alleged Islamic militants. Rights groups have long campaigned for them to be freed or brought to trial.

The legislation allows for two-year detention periods that can be renewed indefinitely. The government maintains that detention without trial is needed as a first line of defence against terrorism.

US intelligence consultancy Stratfor, in a bulletin to clients this week, said the Malaysian demonstrations signaled "instability" ahead of national elections expected early next year.

"The recent demonstrations signal chaos and unpredictability to come before elections are announced, but Badawi's grip on internal security is not going to loosen any time soon," it said - AFP.

Thursday, November 29, 2007

HINDRAF Public Assembly: Respect and implement the Royal Commissions recommendations on policing immediately

Amnesty International Malaysia is gravely concerned over recent events regarding the conduct and response by the Royal Malaysian Police towards freedom of assembly in Malaysia. It is our view that the police have resorted to unnecessary use of force on peaceful demonstrators and arbitrary arrests of hundreds of people for exercising their constitutional rights. Amnesty International is also seriously concerned over the act of intimidation and harassment based on racial profiling in the setting up of roadblocks before the November 25 rally. We are also alarmed at the unprecedented act of obtaining a blanket unilateral restraining order without the other party being given a right to be heard, hence imposing an unfounded opinion that public assembly is an act of nuisance and a threat to public safety.

In view of all this, we regret that the police continue to undermine the constitutional rights to peaceful assembly and personal liberties even after the matter had been strongly addressed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in 2005.

The right to assembly is a fundamental inherent right of all persons as provided in the Universal Declaration of Human Rights and the Federal Constitution. In 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, in recognition of this right, proposed an amendment to section 27 of the Police Act 1967 that imposes the requirement of a permit and the absolute discretion on the police to grant approval to public assemblies. This important recommendation was also echoed by the Report of the SUHAKAM Public Inquiry into the Incident at KLCC on 28 May 2006.

We regret that this recommendation has yet to be implemented by the government and public assemblies continue to be clamped down with excessive force as witnessed in the public rallies held on November 10 and 25 respectively. Amnesty International views that the police have the responsibility to abide by international standards for law enforcement officials, set out in the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which stipulate that law enforcement officials must maintain and uphold the human rights of all persons in the performance of their duties.

Amnesty International Malaysia also emphasizes that the authorities must respect the right not to be subjected to arbitrary arrest or detention, and not to arrest or detain anyone for exercising their rights to freedom of expression and peaceful assembly. Amnesty International reiterates its call on the Malaysian Government to respect the findings and recommendations made the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police and to amend Section 27 of the Police Act and to immediately implement the Independent Police Complaints and Misconduct Commission (IPCMC) as well as all the recommendations made in Chapter 10 of the commission's report. Amnesty International Malaysia also strongly urges the Royal Malaysian Police to respect and protect the rights of the people to peaceful assembly and their personal liberties.

Wednesday, November 28, 2007

In 1996, Datuk Syed Ahmad Idid wrote a 33-page unsigned letter alleging corruption, abuse of power and misconduct against 12 fellow judges. The allegations were dismissed as baseless and he resigned as High Court judge shortly after that.

At yesterday’s talk, he said the selection of judges was very different from that of a CEO because the former had to hold and nurture the good name of his office, his nation and must possess certain characteristics and qualities that only a few could claim to have.

He added that physical and mental health, temperament, aptitude and financial background were all factors to look into during the selection process.

Datuk Syed Ahmad Idid is a one in a million. Certainly the qualities required of a judge are far different from a CEO. The Honourable Judge has mentioned them above. Justice means judges have to be totally independent and impartial and judge on merits and truthfulness. They have to earn that respect from the public by their considered judgements. They have to be thoroughly learned in their professional capacity and be respected by their colleagues in the judiciary and by the Bar members who appear before them. The learned and reading public can see through judgements made. Once they lose that 'honourable' capacity, it is time for them to go. But in the case of Datuk Syed Ahmad Idid he resigned because his word, which is his bond, was not taken seriously. An example of a fine, fearless judge, we often find the good ones leaving and the others staying.This does not mean we have all bad judges now. We have fine judges who do a decent job and bring much respect and honour to themselves, their profession and the country.

Sunday, November 18, 2007

MY JOURNAL was originally intended as my recording for a personal use. It was subsequently been made available to all so that the authorities and the relevant parties 'see' the problems. But of now every piece that I write is about the wrongs of the authorities. When it comes to such a situation, I take it that something is wrong with me and not the people/issues I write about. I need a break. Will see you on an irregular basis from now. There is sufficient reading material in the ARCHIVES of this blog.

Prime Minister Abdullah Ahmad Badawi yesterday announced that a Royal Commission of Enquiry, into the video tape scandal that rocked the nation, will be established.

He said the terms of reference and scope will be discussed at the next weekly cabinet meeting and then the members of the commission will be appointed.

"It is a good step and this is what we have been asking for" Bar Council Vice-President Ragunath Kesavan told AFP.

Bravo, Prime Minister for the setting up of the Royal Commission of Enquiry. It should be truly independent with sufficient scope and terms of reference to get to the bottom of the scandal and come up with recommendations as to its resolution and measures to strengthen the judiciary. Opposition Leader, Lim Kit Siang has given a list of do's and dont's on the appointment of members of the commission in Malaysiakini.

Friday, November 16, 2007

Perak MIC chief and state executive councillor Datuk G. Rajoo has urged the committees of the 1,500 'illegal' temples in the state to submit their application for land titles, Malaysian Nanban reported.

The state government had yet to reject any such land application, he told reporters at his Deepavali open house in Ipoh recently.

He said since 2000, about 38 temples had been given land titles.

Some of the temples were allowed to operate at the existing places while some were relocated and given 0.404 ha to build new premises.

He said that some temple committees refused to move their temples to other places and were operating 'illegally'.

If these temples did not apply for land titles, then they would be asked to move - The Star, 15.11.2007.

Fantastic, Datuk Rajoo, for the work you are doing for the Indian Community. This is the first such report I have read in an English Language daily of MIC doing service to the Indian rakyat. Thank you to the Perak State Government for the land approvals. I only hope all other state governments will follow the example of Perak and do the same to the hindu temples in their respective states. Please take proactive measures and resolve the issue before it leads to a demolishment of temples.

Motion proposed by Malik Imtiaz Sarwar and seconded by Haris Bin Mohamed Ibrahim for debate at the November 22 EGM.

A. The Royal Commission Of Enquiry

1. The Malaysian Bar calls upon the Judiciary to:

1.1 formally request, through the Acting Chief Justice, the establishment of a Royal Commission of Enquiry comprehensively mandated to enquire not only into the authenticity of the Video but also into its implications and ramifications;

1.2 take measures in the event that the Government fails to take any action on the said request within 30 days of the submission of the said request including the suspension of the judicial system, for an appropriate period or until determination of the issues at hand;

2. In the event the Judiciary suspends the judicial system, the Bar will endorse such action on the part of the Judiciary; and

3. In the event the Judiciary fails to make such a request within fourteen (14) days of this resolution, the Malaysian Bar will initiate processes in aid of a declining by the Malaysian Bar of appearances before the Superior and Subordinate Courts.

B. Independent Judicial Appointments and Promotions Commission

4. The Malaysian Bar further calls upon the Judiciary to, through the Acting Chief Justice, formally recommend the establishment of an independent judicial appointments and promotions commission to the Duli Yang Maha Mulia Yang Dipertuan Agong and the Government of Malaysia;

C. Institutional Reforms

5. The Malaysian Bar further calls upon the Judiciary to establish a joint committee with the Malaysian Bar to urgently consider the need for institutional reforms, if any, and the manner in which such reforms can be effected.

Thursday, November 15, 2007

The Human Rights Commission of Malaysia (Suhakam) has initiated a public inquiry into the discharge of firearms by the police which injured two people during a demonstration in Batu Buruk, Terengganu, on Sept 8.

The inquiry will look into whether there was justification for the police to fire several gunshots at the assembly, given the circumstances at that time.

Suhakam has appointed three commissioners to conduct the inquiry, headed by Datuk Muhammad Shafee Abdullah, who will be assisted by Prof Datuk Khoo Kay Kim and Tan Sri Asiah Abu Samah. More...

Bravo, Suhakam to initiate a probe of public importance. The public has a right to know why live shots were fired at an assembly by BERSIH. It is very often the police presence that leads to violence. The assembly members if left to themselves cannot initiate violence. Elementary... Dr Watson! It takes two to tango. The right to assembly is a basic human right and enshrined in the Malaysian Constitution. Any law made in defiance of this basic human right should be made a nullity by the law courts. A police permit should be given as a matter of right for any peaceful assembly ... the necessity to obtain one being for the police to be informed of the details of the assembly i.e. where, when, why, etc. We are now in the new millennium, perched for a complete overhaul of our laws to ensure BASIC HUMAN RIGHTS.

Wednesday, November 14, 2007

"..... I am no expert in economics but for what is worth, I feel the leadership of this country is doing a lot of harm through their words, especially in issues related to economic expansion. If we want to introduce a two- or three-tier pricing system, we might as well look at how to introduce similar systems for basic necessities like flour, sugar and wheat.

You see, Khairy, the pakcik in the kampung also eats the same bread that we eat. How about a two-tier system between government servants and non-government servants?

Rather than talking about the rising prices of oil worldwide, which in actual fact should not bother us because we are exporters, we should be positive about how Malaysia is able to withstand the pressure. For every one dollar increase in world oil prices, Petronas’ income also increases. If Petronas is smart, they can make tonnes of money and bring it back home....." - excerpt from a letter to Malaysiakini by Dr Mohamed Rafick Khan Abdul Rahman, 12th November.

Where is Shafie Apdal? Is he aware that the prices of all consumer items have gone up in the markets, shops, supermarkets and hypermarkets and they are on the rise! What is the government doing about this? Or have they given up trying to control prices or anything for that matter.

Tuesday, November 13, 2007

The Bar Council sent a team of 40 lawyers to monitor the BERSIH gathering on 10 November 2007.

The gathering despite being attended by tens of thousands, was disciplined and peaceful contrary to recent statements by Ministers and the Inspector-General of Police. It proves once again that Malaysian citizens are rational and responsible people capable of exercising their rights of expression and assembly with mature restraint.

There were nevertheless several worrying features in the conduct of the police:

1. The large number of police personnel deployed to man blockades, to inspect and detain vehicles and persons, and further to prevent persons from entering the city to join the gathering was unreasonable. It was also a disproportionate use of resources which could have been channeled to other initiatives of crime-fighting.

2. The barricades around Dataran Merdeka with heavy police and FRU personnel aimed at prohibiting persons from entering the square forced large groups of people to be concentrated in the immediate vicinity of the square such as Central Market and Masjid Jamek. This caused more inconvenience to those who did not wish to be at the gathering, and strengthened the spirit of those who did.

3. The use of force around the areas of Masjid Jamek, Jalan Tuanku Abdul Rahman and Jalan Raja Laut to disperse unarmed and non-provocative crowds without prior warning was unnecessary. Deploying physical aggression and violence, and spraying chemically-laced water and tear gas are measures of last resort, not of first instance. As a result, it was unfortunate that several people were injured and many others including bystanders hurt by the chemicals in the water and gas. It is noteworthy that the authorities initiated physical force on the crowds, and caused blockades and ‘stand-offs’ on the roads to prevent anyone from walking to Dataran Merdeka on to Istana Negara. Unsurprisingly however, and due to the sheer numbers of participants, the majority if not all of them found their way by different routes to the Istana Negara road.

4. The deployment of several police helicopters flying very low to the ground was extremely dangerous in addition to being provocative and a form of intimidation. Further, the noise the helicopters created interrupted essential communications for those who were at the gathering and the authorities on the ground.

5. Despite the recent introduction of section 28A of the Criminal Procedure Code, the police refused to give the Bar’s Urgent Arrest Lawyers Team access to those who were arrested and detained. No accurate and adequate information on the detainees and their grounds of arrest was forthcoming. Our lawyers had to force their way into the police station to seek further information. A police report has been lodged, and the Bar Council trusts the police will investigate the complaint immediately.

At about 11.00pm on 10 November 2007, 34 persons were arrested and released in separate batches. There were several who needed medical treatment and were sent to the hospital by our lawyers.

The Bar Council reiterates its position that citizens must be allowed the right to peacefully assemble in exercising their democratic and fundamental human right. We urge the authorities to facilitate this fundamental right of freedom of expression and assembly.

The BERSIH gathering is clear evidence

(a) that attempts to block assemblies would create greater unintended chaos than had the same be facilitated to proceed expeditiously and

(b) that large yet peaceful gatherings may be organised in our country without the necessity of obtaining permits from the police.

This requirement in section 27 of the Police Act 1967 that permits must be given before an assembly may be held must be repealed immediately.

Ambiga SreenevasanPresidentMalaysian Bar

This requirement in section 27 of the Police Act 1967 that permits must be given before an assembly may be held must be repealed immediately.This requirement violates Federal Constitution, Article 10(b) - "all citizens have the right to assemble peaceably and without arms."

The police force goes into full action only when there a mass public protest on a matter of public importance. I think mass protests are a necessity to swing the police into action.

Saturday, November 10, 2007

Musharraf declared a state of emergency in Pakistan on 3rd November 2007 and imposed a Provisional Constitutional Order (PCO) that has suspended the Constitution and the fundamental rights of Pakistani citizens.

This move is a declaration of Martial Law. Since the enforcement of the PCO, Pakistan has witnessed gross violations of human rights as over 3,000 civil society activists have been arrested over the past four days.

The General has clamped down on freedom of media/expression by arbitrarily imposing a media embargo: shutting down all private TV channels. Journalists trying to cover the crisis continue to face a severe security threat.

Suspension of fundamental rights has meant the suspension of freedom of association which has allowed law enforcement agencies to act with impunity in their crackdown on peaceful protests by lawyers, students and civil society groups in the cities of Islamabad, Lahore, Peshawar, Karachi and Quetta, and in the city of Multan in southern Punjab by using baton charges, tear gas and other forms of brute force.

The vast majority of these 3,000 people arrested nationwide are lawyers. Almost two-thirds of Pakistan’s senior judges remain under house arrest ... more here.

Friday, November 9, 2007

Datuk Seri Anwar Ibrahim, the de facto Leader of the PKR released a further 10 seconds of the second half of the video clip which confirms the identities of the parties.

In the 10-second clip, the lawyer finishes his telephone conversation and turns to speak to another person in the room.

X: Who is that ?Lawyer: Chief Judge of MalayaX: Who is that ?Lawyer: _ _ _

Meanwhile, Deputy Prime Minister, Datuk Seri Najib Abdul Razak when met at the UMNO Assembly said he would leave it to the Panel to probe the additional clip and recommend to the Government on their next course of action.

The Panel will be dissolved by today on the expiry of their 30-working-day deadline. More...

The three man "Panel" yesterday handed over its 3 reports to the secretariat after a two hour meeting at a hotel in Kuala Lumpur this evening.

The report will then be handed over to the Chief Secretary before being given to the Prime Minister.

No witnesses have come forward to give evidence before the panel, apart from two digital forensic experts at a government-linked agency which the panel had engaged to obtain advice.

The panel has been widely criticised for its lack of powers to enquire into the controversy since it was restricted to looking into the authenticity of the clip and not the alleged ‘judicial appointment fixing’ that has caused public outrage.

Meanwhile in a related development, Opposition Leader, Lim Kit Siang said he had seen the part 2 of the video clip of six minute length and it depicted a lawyer who in a post call conversation said the person he was talking to was former Chief Justice.

The second part of the video was held back to protect the whistleblower.

The former Chief Justice has since denied his involvement while the lawyer has chosen to remain silent.

Tuesday, November 6, 2007

The 'Panel' set up to enquire into the video clip scandal will submit individual reports today at 3.30 pm at a hotel.

The secretariat will then arrange to whom to send the report - the Prime Minister or the Deputy Prime Minister.

The decision to send in separate reports is an indication of no consensus on the release of a single unified report.

The Panel will not release its report today but will leave it to the Prime Minister or his Deputy to do so.

Among the people who communicated with the panel are the Bar Council President, Ambiga Sreenevasan, who wrote a memo dated 12th October, 2007. See here the memo. And a group of Protestors, see picture right.

Also giving advice were two digital forensic experts linked to a government agency.

Monday, November 5, 2007

According to Court of Appeal Judge, Datuk Gopal Sri Ram this delays justice.

This honourable judge says he cannot do better than to quote from a judgement of former Lord President of the Supreme Court, Tun Salleh Abbas:

" We hope that judges should endeavour to write their grounds of decision and take delight in this aspect of judicial work as a matter of personal pride and satisfaction and not as a burdensome task. If the practice of not writing written grounds of judgment is widespread, the system of administration of justice will tumble down."

Sunday, November 4, 2007

Read today's "The Aniza Damis Interview" with Ambiga Sreenevasan, President of the Malaysian Bar in the New Straits Times, here.

Excerpts:

Q: Is there a crisis in the judiciary?

A: There is. It's a crisis of confidence. It's been present for a while.

Q: If the government doesn't do anything, what is the Bar going to do?

A: I think the Bar will be wanting to have an emergency general meeting. This cannot just go away without a full and thorough investigation. That is something we hope to persuade the government that has to be done.

Q: What options are open to you?

A: Our meeting with the prime minister -- that's a big option. And also by hearing from the members of the Bar at an EGM (on Nov 22), where we hope to communicate our views to the government. Those are the options we are looking at. We are still going to use persuasion.

Q: There was a suggestion at the recent Malaysian Law Conference for lawyers to go on strike from the courts for one day. Is that feasible?

A: We have discussed it. We have to be very careful in any steps we take. We have to be responsible -- first to our clients; secondly, we have to be careful not to pre-judge any issues. It's not something that we would easily do.

Q: The old chief justice is out. There is currently an acting-CJ, and there will be a new CJ. Have you thought of taking the minister's suggestion by going to the judiciary and asking them to reform?

A: We hope to write in and have a meaningful discussion, between the Bar and the Bench. We are hoping to see this new era, where there will be a lot of discussion. But even before this video-clip incident, the judiciary was already beginning to engage with the Bar. We were invited by the Chief Judge of Sabah and Sarawak (Tan Sri Richard Malanjum) to see the system in Sarawak. They are doing things to try to improve, and we want to help in that process. So, we do know that there are judges there who will engage with us. And we hope to continue with that process, and that we start this new era where we work together, in the interest of the administration of justice.

Q: The government says it's not going to reform the judiciary unless the judges want the reform.

A: Well, let's see. It may be something everybody can be united on. Hopefully soon.

Acting Chief Justice Datuk Abdul Hamid Mohamed has delivered many judgments of public interest, the biggest of which was the majority judgment setting aside the corruption conviction against former deputy prime minister Datuk Seri Anwar Ibrahim in 2004.

In the 2-1 decision, Justice Abdul Hamid said the evidence of Azizan Abu Bakar (Datin Seri Wan Azizah Wan Ismail’s former driver) “was doubtful and had no corroborative evidence of a convincing, cogent and irresistible character”.

“Such evidence does not corroborate Azizan’s story that he was sodomised by both of them at the place, time and date specified in the charge.”

Abdul Hamid, 65, is minding the fort following the retirement of Tun Ahmad Fairuz Sheikh Abdul Halim who turned 66 on Thursday.

Abdul Hamid, who was appointed President of the Court of Appeal on Sept 5, has six more months to go, as he is due for retirement on April 18.

Born in Permatang Tinggi Bakar Bata, Kepala Batas, Penang, in 1942, he studied at St Xavier’s Institution before graduating with a Bachelor of Laws (Hon) from Singapore University in 1969.

He went straight into the Legal and Judicial Services and served in various capacities for 21 years before his appointment as a judicial commissioner in 1990 and Acting Chief Justice on 1st November, 2007.

In another high profile case – the Highland Towers appeal on Feb 17, 2006 – the Federal Court held the Ampang Jaya Municipal Council was neither responsible for the pre-collapse nor post-collapse period.

“In my view, the provisions of basic necessities for the general public has priority over compensation for pure economic loss of some individuals, who are clearly better off than the majority of the residents in the local council area.”

In the appeal in 2006 by three schoolboys who had been expelled after they refused to remove their turban, Justice Abdul Hamid ruled that Islam was not about serban and beard.

“I accept that the Prophet wore a turban. But he also rode a camel, built his house and mosque with clay walls and roof of leaves of date palms and brushed his teeth with the twig of a plant.

Does that make riding a camel a more pious deed than travelling in an aeroplane?”

He had added that the pupils were only restricted from wearing the serban as part of the school uniform but not at other times.

In a landmark decision as election judge in 1995, Justice Abdul Hamid ruled that the validity of the electoral roll could not be challenged in an election petition after they had been duly displayed and gazetted.

Justice Abdul Hamid ruled that a petition should challenge the manner in which an election was conducted and was not to dispute the names of the rolls after they had been gazetted - Shaila Koshy, The Star.

Welcome aboard, Sir, Justice Datuk Abdul Hamid Mohamed. At this crucial period of strife and resentment of the Judiciary, your wisdom and leadership is most awaited at that office. During your short tenure, we are sure you will devote your service to better the cause of justice and fairplay and bring it about speedily.

Saturday, November 3, 2007

In Myanmar about 100 monks marched in a peaceful demonstration in the town of Pakokku on Wednesday.

It showed "the sense of frustration and resentment has not disappeared" following last month's crackdown, which saw thousands of monks and pro-democracy activists detained, a Western diplomat in Yangon told AFP.

Hundreds remain in jail, according to diplomats, although the junta on Wednesday released seven people, including members of Aung San Suu Kyi's opposition National League for Democracy (NLD).

Ibrahim Gambari, the UN special envoy to Myanmar, will arrive today for weekend talks with the ruling generals after his tour of Asia.

Gambari would press for more democratic measures by the government, including the release of all detained students and demonstrators and open up the society as soon as possible.

"We have to give some sense of permanence to this mission. I say this with caution, and it will be possible only with the support of the ASEAN countries and also, of course, China and India," he said.

Thursday, November 1, 2007

The Bar Council is concerned that 4 lawyers namely, P. Uthayakumar, M. Manoharan, P. Waythamoorthy and Ganapati Rao were arrested late last night, in the course of carrying out their legal professional duties. We understand that they are presently held under arrest at the section 11 Shah Alam police station. We were notified that they were at the police station to represent their clients who were themselves earlier arrested. These lawyers were denied access to their clients and were subsequently arrested.

The recently amended section 28A of the Criminal Procedure Code (CPC) allows a detained person the right to communicate with the legal practitioner of his choice upon arrest. We are concerned that these arrested persons including the 4 lawyers were denied this right, which is a flagrant breach of the new provision of the CPC.

The Bar Council calls for the immediate release of these 4 lawyers and we expect the police to fully comply with the provisions of the CPC involving the rights of arrested persons.

This is what the LAWYERS intend to do if the upcoming meeting between the President of the Malaysian Bar, Ambiga Sreenevasan and the PM bears no fruit. Lawyer Haris Ibrahim (pic right) told the confab gathering this is what they should next do.

"I think at its extraordinary general meeting on November 22, the Bar must be prepared to take the necessary resolution to put a stop to this nonsense."